Debt collection laws in every state | finder.com

Debt collection laws in every state

How the state and federal government protects you.

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Got a call from a debt collector? There are several national and state laws in place to protect consumers and ensure debt collection companies are acting fairly. Knowing what your debt collector can and can’t do can help you spot when you’re being harassed and avoid common scams.

The Fair Debt Collection Practices Act

The main law that protects consumers is the Fair Debt Collection Practices Act (FDCPA), though many states have other laws to add additional protections. If you think a debt collector is violating the FDCPA, file a complaint against it with the Federal Trade Commission (FTC).

What is the FDCPA?

The FDCPA is a federal law that prevents debt collectors from harassing or misleading consumers. It covers debt collection for mortgages, credit cards, personal loans, medical debt and other types of debt for personal use.

How does it protect me?

Before you sign up with a debt relief company

Debt relief companies typically charge a percentage of a customer’s debt or a monthly program fee for their services. And they aren’t always transparent about these costs or drawbacks that can negatively affect your credit score. You might pay other fees for third-party settlement services or setting up new accounts, which can leave you in a worse situation than when you signed up.

Consider alternatives before signing up with a debt relief company:

  • Payment extensions. Companies you owe may be willing to extend your payment due date or put you on a longer payment plan if you ask.
  • Nonprofit credit counseling. Look for free debt-management help from nonprofit organizations like the National Foundation for Credit Counseling.
  • Debt settlement. If you can manage to pay a portion of the bill, offer the collection agency a one-time payment as a settlement. Collection agencies are often willing to accept a lower payment on your debt to close the account.

Debt collector laws by state

While each state must follow the FDCPA, most have additional laws that regulate how debt collectors interact with consumers. Use the table below to learn how your state protects you.

StateLearn more
AlabamaFollows federal regulations
AlaskaRead more
ArizonaRead more
ArkansasRead more
CaliforniaRead more
ColoradoRead more
ConnecticutRead more
DelawareRead more
FloridaFollows federal regulations
GeorgiaRead more
HawaiiRead more
IdahoRead more
IdahoRead more
IllinoisRead more
IndianaRead more
IowaRead more
KansasFollows federal regulations
KentuckyFollows federal regulations
LouisianaFollows federal regulations
MaineRead more
MarylandRead more
MassachusettsRead more
MichiganRead more
MinnesotaRead more
MississippiFollows federal regulations
MissouriRead more
MontanaRead more
NebraskaRead more
NevadaFollows federal regulations
New HampshireRead more
New JerseyRead more
New MexicoFollows federal regulations
New YorkRead more
North CarolinaRead more
North DakotaRead more
OhioRead more
OklahomaFollows federal regulations
OregonFollows federal regulations
PennsylvaniaRead more
PennsylvaniaRead more
Rhode IslandFollows federal regulations
South CarolinaRead more
TennesseeFollows federal regulations
TexasRead more
UtahRead more
VermontRead more
VirginiaRead more
WashingtonRead more
WisconsinRead more
WyomingFollows federal regulations

I feel like my rights were violated. What can I do?

If you believe a debt collector has violated the law, the next step is to file a complaint. If it’s a FDCPA violation, you can file a complaint with the FTC. Otherwise, you can file a complaint with your state attorney general’s office.

Bottom line

Federal and state debt collection regulations are meant to ensure fair measures are taken for both the borrower and the collector. Familiarizing yourself with these laws can not only help you navigate the debt collection process, but can also help you avoid scams.

Read our guide to dealing with debt collectors to learn more about how it all works.

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